As I considered the recent spat over Article 153, and especially Perkasa’s high-handed pronouncements, I thought that it would be useful to actually try to read and understand the Article. Otherwise we would be merely reacting, rather than being better informed.

The first clause states:

“It shall be the responsibility of the Yang di-Pertuan Agong to safeguard the special position of the Malays and natives of any of the States of Sabah and Sarawak and the legitimate interests of other communities in accordance with the provisions of this Article.”

A simple reading of it tells us that the constitution recognizes the special position of Bumiputera and the legitimate interests of other communities and makes the Yang di-Pertuan Agong responsible to ensure that these two issues be safeguarded in accordance with the provisions in Article 153.

If we ask ourselves as to the intention of this clause, we can derive the following:

1. The Yang di-Pertuan Agong is responsible to enforce this Article.
2. The Bumiputera have special rights, non-bumiputera have legitimate interests; the special rights of the Bumiputera does not include the right to limit or deny the legitimate interests of non-bumiputera (this is very clear when you look at the rest of the provisions).
3. The rights and interests referred to here, and are to be safeguarded, are defined by the provisions in this Article.

What do the provisions in this Article refer to?

Quotas for Bumiputera in civil service, scholarships, exhibitions, licences and permits for trade or business, educational and training privileges or special facilities, BUT (clause 4, 7 and 8), such quotas should not deprive a non-bumiputera of any right he or she already enjoys.

Whenever a right accorded by Article 153 to the special position of the Bumiputera is defined, the Article is very careful to say, repeatedly, that such right should not degrade, or deny, or allow to expire, the rights already enjoyed by non-bumiputeras.

For example, clauses 6 and 7:

This carefulness to respect the legitimate interests of non-bumiputera, while spelling out the rights of the special position accorded to the Bumiputera is built into the whole of Article 153.

When Rev Eu Hong Seng said “I think we need to talk about the rights of others as well under article 153. When we talk of rights of only one group, if I may suggest, that is bullying” he was not questioning Article 153. He was protecting it from being corrupted.

When Perkasa Secretary-General Syed Hasan Syed Ali said “The reverend needs to remember that Christians are able to practice their religion without worry in this country because of Article 153.” he was wrong, as Article 153 was not about religion. Fundamental liberties are protected under Articles 5-13, including the liberty to practice religion (specifically Article 11).

When Perkasa Secretary-General Syed Hasan Syed Ali said “This country is peaceful because of Article 153 which protects the rights of Bumiputras who are the majority in this country,” he was again wrong because the Article defines rights accorded to the “special position” of the Bumiputeras and protects the legitimate interests of non-bumiputeras from being denied.

When Perkasa Secretary-General Syed Hasan Syed Ali said “It is dangerous when a religious leader touch on an issue agreed upon when the country was formed. Everyone should hold on to the promise of the social contract. If one does not like the agreement made when the country was formed, then might as well do not be a citizen in this country. Find a better country than Malaysia.” he was wrong, because he was suggesting that there is no room for debate, for clarification, and for disagreement, and the only recourse is to live somewhere else.

It is my belief that the country has suffered greatly because it has encouraged silence over debate. We have seen how much the Official Secrets Act has been abused in order to hide wrongdoing by those in authority. We have seen how much change has taken place in the political climate of the country when information is no longer under the control of the main-stream media and the Internet meant that citizens can be better informed and make up their own minds. While it hurts to hear fellow citizens label other Malaysians as immigrants, and be told to look for another country, I think that it is healthy (although I do think there are other healthier ways of disagreeing). But others should also be allowed to disagree. And we should discuss our disagreements and share and listen to each other’s issues and fears. We should be better educated on the Constitution. We should have lawsuits like Lina Joy and that by the Catholic Church over the use of the word “Allah”. We should rage about the NFC and the multi-billion ringgit patrol boats. We should be informed about the Petronas accounts and the IPP contracts. We should be able to do all these without Ibrahim Ali calling for the use of his “Taming Sari”, the ISA, or, now that the ISA is abolished, the Sedition Act.

The more we talk, the more we refine our understanding of each other and of each other’s rights. The more things are said in the open, wrongs can be righted, good can be acknowledged and corruption can be weeded out. Otherwise we will be trapped in our silence.

Of course there will be the danger of violence. But if the Yang di-Pertuan Agong plays his part through the royal police and military, and looks after the legitimate interests of all parties, I believe that we can emerge stronger as a nation.

The constitution is merely words on paper. It is when all Malaysians passionately believe in the fundamentals of what those words describe that the real power of the constitution to forge a nation is unleashed. That can only happen when the ideals of the constitution reside in our hearts and minds.

We need to grow up as a country. And perhaps the only way to do it is to remove BN, whose modus operandi is to make deals behind closed doors. The Race Relations Act is another example of how BN operates. And if the Peaceful Assembly Bill is any example to go by, this latest Act will be according to UMNO’s point of view. And if the Act is pushed through Parliament like the Peaceful Assembly Bill, it will be a disaster.

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Addendum: Article 153

1. It shall be the responsibility of the Yang di-Pertuan Agong to safeguard the special position of the Malays and natives of any of the States of Sabah and Sarawak and the legitimate interests of other communities in accordance with the provisions of this Article.

2. Notwithstanding anything in this Constitution, but subject to the provisions of Article 40 and of this Article, the Yang di-Pertuan Agong shall exercise his functions under this Constitution and federal law in such manner as may be necessary to safeguard the special provision of the Malays and natives of any of the States of Sabah and Sarawak and to ensure the reservation for Malays and natives of any of the States of Sabah and Sarawak of such proportion as he may deem reasonable of positions in the public service (other than the public service of a State) and of scholarships, exhibitions and other similar educational or training privileges or special facilities given or accorded by the Federal Government and, when any permit or licence for the operation of any trade or business is required by federal law, then, subject to the provisions of that law and this Article, of such permits and licences.

3. The Yang di-Pertuan Agong may, in order to ensure in accordance with Clause (2) the reservation to Malays and natives of any of the States of Sabah and Sarawak of positions in the public service and of scholarships, exhibitions and other educational or training privileges or special facilities, give such general directions as may be required for that purpose to any Commission to which Part X applies or to any authority charged with responsibility for the grant of such scholarships, exhibitions or other educational or training privileges or special facilities; and the Commission or authority shall duly comply with the directions.

4. In exercising his functions under this Constitution and federal law in accordance with Clauses (1) to (3) the Yang di-Pertuan Agong shall not deprive any person of any public office held by him or of the continuance of any scholarship, exhibition or other educational or training privileges or special facilities enjoyed by him.

5. This Article does not derogate from the provisions of Article 136.

6. Where by existing federal law a permit or licence is required for the operation of any trade or business the Yang di-Pertuan Agong may exercise his functions under that law in such manner, or give such general directions to any authority charged under that law with the grant of such permits or licences, as may be required to ensure the reservation of such proportion of such permits or licences for Malays and natives of any of the States of Sabah and Sarawak as the Yang di-Pertuan Agong may deem reasonable, and the authority shall duly comply with the directions.

7. Nothing in this Article shall operate to deprive or authorise the deprivation of any person of any right, privilege, permit or licence accrued to or enjoyed or held by him or to authorised a refusal to renew to any person any such permit or licence or a refusal to grant to the heirs, successors or assigns of a person any permit or licence when the renewal or grant might reasonably be expected in the ordinary course of events.

8. Notwithstanding anything in this Constitution, where by any federal law any permit or licence is required for the operation of any trade or business, that law may provide for the reservation of a proportion of such permits or licences for Malays and natives of any of the States of Sabah and Sarawak; but no such law shall for the purpose of ensuring such a reservation-

(8A) Notwithstanding anything in this Constitution, where in any University, College and other educational institution providing education after Malaysian Certificate of Education or its equivalent, the number of places offered by the authority responsible for the management of the University, College or such educational institution to candidates for any course of study is less than the number of candidates qualified for such places, it shall be lawful for the Yang di-Pertuan Agong by virtue of this Article to give such directions to the authority as may be required to ensure the reservation of such proportion of such places for Malays and natives of any of the States of Sabah and Sarawak as the Yang di-Pertuan Agong may deem reasonable, and the authority shall duly comply with the directions.

9. (9) Nothing in this Article shall empower Parliament to restrict business or trade solely for the purpose of reservations for Malays and natives of any of the States of Sabah and Sarawak.
(9A) In this Article the expression “natives” in relation to the State of Sabah or Sarawak shall have the meaning assigned to it in Article 161A.

10. The Constitution of the State of any Ruler may make provision corresponding (with the necessary modifications) to the provisions of this Article.

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